Volume 21, Issue 3 (2017)
CLR 2017, 21(3): 185-214 |
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mohammadi A, salehi mazandarani M, zahedi M. Protection of Publicity Right in the Light of Intellectual Property Rights (Comparative Analysis). CLR 2017; 21 (3) :185-214
URL: http://clr.modares.ac.ir/article-20-11641-en.html
URL: http://clr.modares.ac.ir/article-20-11641-en.html
1- Student of Ph.D in private Law, faculty of law, Qom University, Qom, Iran
2- Associate Professor of private law, faculty of law, Qom University, Qom, Iran
3- Associate Professor of public and international law, Allameh Tabatabee University,Tehran, Iran
2- Associate Professor of private law, faculty of law, Qom University, Qom, Iran
3- Associate Professor of public and international law, Allameh Tabatabee University,Tehran, Iran
Abstract: (11522 Views)
Characteristics of the celebrities can have commercial values and be in use of different products. Nowadays the common ways for celebrities in this regard is that they let the investors use their name and image to advertise a certain product. This approach toward fame is becoming a developing business and in a way it can be called an industry which can amount to a lot of revenue. However use of the celebrities fame without their consent with commercial purpose can led to their dissatisfaction and a legal complaint. Legal support extension to fame right in intellectual property rights can support these rights owners.
This paper will analyze features of fame and reputation, developed legal system regulation in this regard and capacity of theses legal systems for supporting the celebrities. By using these legal systems experiences we will introduce useful suggestion to Iran's intellectual property law. It should be said that in common law systems with the implications of intellectual property law principles and new legal establishments, fame and reputation rights has been supported. But in Iran legal system, with the lack of the minimum regulation in regard to this matter, legal precedent doesn’t have the necessary effectiveness to act upon such matters.
This paper will analyze features of fame and reputation, developed legal system regulation in this regard and capacity of theses legal systems for supporting the celebrities. By using these legal systems experiences we will introduce useful suggestion to Iran's intellectual property law. It should be said that in common law systems with the implications of intellectual property law principles and new legal establishments, fame and reputation rights has been supported. But in Iran legal system, with the lack of the minimum regulation in regard to this matter, legal precedent doesn’t have the necessary effectiveness to act upon such matters.
Keywords: Right of Publicity, Right of Privacy, Character Merchandising, Dilution of Trademark, Passing Off
Received: 2017/03/1 | Accepted: 2017/11/3 | Published: 2017/11/22
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